To Evade NSA, Microsoft Begins Building Data Centers in Germany

The data centers will operate under German privacy laws, some of the strictest in Europe. (Photo: Candid Business/flickr/cc)

In an attempt to evade the long arm of U.S. intelligence that could mark a sea change in internet privacy, Microsoft has announced plans to build two new data centers in Germany that will store user information in a secure network and not allow access to anyone—including the U.S. government and Microsoft staff themselves—without explicit approval by the user or a "data trustee."

If permission is granted by the user or the trustee, Microsoft would still be required to operate under their supervision.

In this case, the trustee is T-Systems, a subsidiary of German conglomerate Deutsche Telekom. By stationing its data servers in Frankfurt am Main and Magdeburg, Microsoft will be placing user data under German privacy protections, which are some of the strictest in Europe.

The move comes amid growing public outcry over government eavesdropping in the wake of Edward Snowden's 2013 revelations that exposed National Security Agency (NSA) mass surveillance at home and abroad. And it may help address new privacy concerns arising just weeks after the U.S. Senate passed the controversial Cybersecurity Information Sharing Act (CISA), which supporters say would make it easier for tech companies to respond to security breaches—but which opponents say is nothing more than a government surveillance bill in disguise.

Microsoft, which publicly opposed CISA, has been in an ongoing legal battle with the Department of Justice (DOJ) after the company in December 2013 refused to hand over emails from a drug trafficking suspect stored on servers in Dublin, Ireland. Microsoft told DOJ officials they would have to get a warrant from an Irish court.

With that case still underway, the company's initiative signals that it may be looking for a whole new approach to privacy.

The implications of the move are significant, even if they are not necessary fail-safe. As The Vergewrites:

It's an approach that's comparable to Apple's use of encryption that even the iPhone-maker can't break — theoretically taking away the option of government authorities forcing the company to give up users' data. However, none of these tactics are ever completely secure. For example, the Snowden revelations showed that despite Europe's outward desire for data sovereignty, many local spy agencies still funneled European citizens' data to the NSA.

Paul Miller, an analyst for Forrester, notes that although Microsoft is confident in the security of German servers, this arrangement has yet to be tested in the courts. "To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal," said Miller.

More importantly, though, Microsoft's decision could end up affecting more than just its own users. If the German trustee model becomes a recognized standard for data security, then customers of other cloud computing firms like Google and Amazon could demand similar arrangements. EU officials might also be emboldened by the move. Last month, the EU Court of Justice invalidated the longstanding Safe Harbor treaty allowing US companies to send data on European citizens back to America. The treaty is currently being renegotiated, and Microsoft's support for the data trustee model could feed into these debates.

The data centers—which are connected to each other by a private network that will operate separately from the internet—are aimed at organizations working with sensitive information, such as health or finances.

"These locally deployed versions of Microsoft’s commercial cloud services adhere to German data handling regulations and customers will be able to view how and where data is processed," the company stated on Wednesday.

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

This is the world we live in. This is the world we cover.

Because of people like you, another world is possible. There are many battles to be won, but we will battle them together—all of us. Common Dreams is not your normal news site. We don't survive on clicks. We don't want advertising dollars. We want the world to be a better place. But we can't do it alone. It doesn't work that way. We need you. If you can help today—because every gift of every size matters—please do.

Further

God bless the Finns: They've been there for us after the Idiot-In-Chief visited a ravaged California and babbled how we have to "take care of the floors" and be like Finland where "they spent a lot of time on raking and cleaning and doing things." Cue pics of dutiful Finns taking to the forest with their rakes and vacuums. Trump also said he still doesn't believe in climate change but "I want great climate." We do too, but first we want a president who's not barking mad.

Common Dreams brings you the news that matters.

Sign up for Newsletter

Connect With Us

Support our common dreams.

Can We Count on Your Help Today?

Common Dreams is a small nonprofit with a big mission. Every day of the week, we publish the most important breaking news & views for the progressive community. To remain an independent news source, we do not advertise, sell subscriptions or accept corporate contributions. Instead, we rely on readers like you, to provide the "people power" that fuels our work. Please help keep Common Dreams alive by making a contribution. Thank you. - Craig Brown, Co-founder